International treaties to prevent and combat trafficking in persons and their effects on Brazilian laws and public policies

Author(s)

Micaela Amorim Ferreira

• Document type: Master's Dissertation
• Press: Franca. 2020-08-06.
• Institution: Universidade Estadual Paulista (Unesp). Faculdade de Ciências Humanas e Sociais. Franca
• Defense date: 2020-07-31
• Advisor: Paulo César Corrêa Borges

Abstract

Human trafficking is a phenomenon that generates massive violations of human rights, such as the dignity of the human person, the right to come and go, sexual freedom, and freedom of labor. Individuals become victims, mainly due to their vulnerability, involving social, economic, racial factors, situations of unemployment, poverty, lack of opportunities. The expression “human trafficking” has had different meanings throughout world history, going back to the African slave trade, later referring to women trafficking, until the current complex definition, which encompasses infinite forms of exploitation. In order to understand how the current understanding was reached, it is essential to bring a gender approach to discuss how prostitution was understood as a form of sex trafficking throughout history, based on moralizing ideals that reflect on today. Also, the issue of migration is discussed, given the spread of anti-trafficking regimes internationally with the aim of suppressing migration and fighting prostitution. From this international perspective, this theme is brought to the Brazilian reality, more specifically regarding laws and public policies. Criminal law has long associated the fight against human trafficking with the repression of prostitution, by criminalizing related activities and their facilitators. This situation changed only in 2016, when the scope of human trafficking was expanded to cover numerous forms of exploitation, in addition to removing express mention of prostitution and the irrelevance of consent. The immigration law also underwent noteworthy changes with the repeal of a previous diploma that regulated the situation of the migrant, a norm that adopted the national security doctrine, by a new legislation that brought principles and guidelines focused on the protection of the human rights of migrants and non-discrimination. Both legal frameworks contain precepts in line with the Brazilian Constitution and international instruments for the protection of human rights. The Brazilian public policies analyzed were those under the command of the Ministry of Justice and National Security. Brazil has been adopting humanitarian migration policies for some time, seeking integration of migrants in society, protection against inhumane situations of labor exploitation, promotion of humanitarian reception. As for the permanent public policy to prevent and combat trafficking in persons, it has been operative in Brazil since 2006, with specific plans for implementing its goals in society. In general, over the years, there has been a great advance in these policies, with numerous actions in different areas aiming to develop a coping network. However, in recent years, the economic and political crisis experienced by Brazil has also affected the implementation of these policies, which is no longer a priority on the government's agenda. In the present research, the need to respect human rights is defended so that there is an effective confrontation of human trafficking, combined with the need for restructuring and investments in government policies aimed at public and social services, so that the precepts brought by the national legal landmarks can be realized. This research had an intense bibliographic review, consultation of norms, databases of the government and international institutions, and the deductive and dialectic method was used for its elaboration. (AU)

• FAPESP's process: 18/05924-0 - International legislation to combat trafficking in persons and the reflexes in Brazilian law and public politics
• Grantee: Micaela Amorim Ferreira
• Support Opportunities: Scholarships in Brazil - Master